Bryan A. Fratkin Partner

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Bryan leads the firm’s class action practice group, focusing his national practice on consumer financial services litigation under the various “alphabet soup” statutes.

He represents large financial institutions involved in credit card, auto finance, banking, and mortgage litigation, alleging violations of the Fair Credit Reporting Act, Fair Debt Collection Practices Act, Servicemembers Civil Relief Act, Truth in Lending Act, Credit Repair Organizations Act, Equal Credit Opportunity Act, Bankruptcy Discharge Injunction and Stay, and state law consumer protection statutes. He also represents financial institutions and business clients in disputes that include allegations of fraud, conspiracy, civil RICO, and breach of contract. More recently, Bryan has successfully defended employers in background check class actions, alleging violations of the Fair Credit Reporting Act’s standalone and adverse action disclosure requirements.

Prior to joining McGuireWoods, Bryan served as a law clerk for the Honorable Elizabeth Lacy of the Supreme Court of Virginia. He was a recipient of the Trial Advocacy Award, awarded to one graduating law student, at the College of William and Mary Marshall-Wythe School of Law.

Experience

  • Defense of employers, including financial institutions, in class action lawsuits alleging violations of the Fair Credit Reporting Act’s background check disclosure requirements.
  • Defense of a national bank in multidistrict litigation, where plaintiffs alleged an unlawful increase in their interest rates on credit cards.
  • Defense of national bank in putative class action litigation, where plaintiffs allege improper allocation of credit card payments under the Credit CARD Act of 2009.
  • Defense of national bank in putative class action litigation alleging foreclosure abuses and “robo-signing.”
  • Advising financial institutions on compliance with the Servicemembers Civil Relief Act.
  • Advising national bank on compliance with fair debt collection laws.